SHALL  THE  PROPOSED  NEW 
CONSTITUTION  BE  ADOPTED? 


PROPOSITION  TO  BE  VOTED  UPON  AT  A 
SPECIAL  ELECTION    DECEMBER   12,    1922 


Vote  YES 


STATEMENT     PREPARED      BY      THE 
CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 


NOVEMBER.  1922 


Return  this  book  on  or  before  the 
Latest  Date  stamped  below.  A 
charge  is  made  on  all  overdue 
books. 

University  of  Illinois  Library 


ImUsioners 

I 
I 

;  MaterlalMt 

t  of  Print.) 
September, 

LI.     (Out  of 

Under  Con- 


i  the  Voters 
ovember  7— 


Manry.     De- 


<;nt   Account- 
Print.) 

i 

December, 


i 


19. 

20. 
21. 

22. 
23. 


lecember,  1911. 

d  of  the  Office  of 
/iember,  1911. 

/.     (Out  of  Print.) 

•k    GoTcrnnients    of, 

J 

ictr  Organization   and 

arts:     A  Supplemental  Inquiry 
4uistralion.     November,  1912. 

AdmlniBtrntlon  of  the  Office  of  the  Cleric  of  the  County  Court  of  Coolt  County, 
Illinois.     November,   1912.      (Out   of   Print.) 

Office  of   SheriflT   of   Cook   County,   lUinolst     A   Supplemental   Inquiry   Into   It« 
Ortennization    an«l    Methods    of    Administration.      November,    1912. 

GrowluB   Cost  of  Elections  in  Chlcagro   and   Coolc   County.      December  80,  1912. 

The  VotiuK  Machine  Contract.  A  Protest  Against  Its  RecoKnitlon  In  Any 
Form  by  the  City  Council  of  the  City  of  Chicago.     January  1,  1913. 

The  Office  of  the  County  Treasurer  of  Cools  County,  Illinois.  An  Inquiry  Into  the 
Administration  of  Its  Finances  >vith  Special  Reference  to  the  auestlon  of 
Interest  on  Public  Funds.     November,  1913. 

The  Nineteen  Local  Governments  in  Chicago.     December,  1913.     (Out  of  Print.) 

(Continued  on  Inside  back  cover) 


SHALL  THE  PROPOSED  NEW 
CONSTITUTION  B^.t^OPTED? 


PROPOSITION  TO  BE  VOTED  UPON  AT  A 
SPECIAL   ELECTION   DECEMBER    12,   1922 


Vote  YES 


STATEMENT      PREPARED      BY      T  H  i:- 

CHICAGO  BUREAU  OF  PUBLIC  EFFICIENCY 

315  PLYMOUTH  COURT 


CHICAGO  BUREAU 

OF 

PUBLIC  EFFICIENCY 


ORGANIZED  IN  AUGUST  1910 


TRUSTEES 


Julius  Rosenwald,  Chairman 
Alfred  L.  Baker,  Treasurer 
Onward  Bates  F.  B.  Johnstone 

Victor  Elting  Allen  B.  Pond 

Walter  L.  Fisher  George  G.  Tunell 


Harris  S.  Keeler,  Director 


TABLE  OF  CONTENTS 


Page 

INTRODUCTION     4 

SUMMARY  AND  CONCLUSIONS    5 

TEXT  OF  STATEMENT    9 

An  Easier  Amending  Process  Provided   10 

Revenue    11 

Changes  in  Court  Procedure   15 

Court  Reorganization    17 

Minority  Representation  Abolished    19 

Legislative  Apportionment    20 

Reform  of  County  Government  21 

Home  Rule  For  Chicago  22 

The   Traction   Question    24 

Consolidation  of  Local  Governments   25 

The   Short  Ballot    27 

Other   Provisions    27 

Zoning  and  EJxcess  Condemnation   27 

Legislative    Procedure    27 

Juries    27 

Pension   Funds    27 

Bible  Reading  in  the  Public  Schools  28 

No  Color  or  Racial  Discrimination 28 

Farm  Loans    28 

Forestry   28 

County  Assessors   29 

Waterways    29 

Election  Matters   29 

Some  Objections  Answered  30 


INTRODUCTION 

The  Chicago  Bureau  of  Public  Efficiency  functions  pri- 
marily in  matters  relating  to  local  government  in  Chi- 
cago and  Cook  county.  It  is  especially  interested 
in  the  provisions  of  the  proposed  new  constitution 
bearing  upon  the  governmental  situation  in  this  com- 
munity. However,  the  welfare  of  Chicago  is  concerned 
not  only  with  local  provisions  but  with  all  important 
provisions  in  which  this  city  has  a  common  interest  with 
other  parts  of  the  state. 

In  the  accompanying  statement,  therefore,  the  Bureau 
reviews  the  new  document  as  a  whole,  setting  forth  its 
reasons  for  concluding  that  the  best  interests  of  the  state 
and  of  Chicago  mil  be  advanced  if  the  voters  approve  the 
proposed  constitution. 

In  another  publication  recently  issued,  entitled  ''The 
Proposed  Ncav  Constitution  for  Illinois",  the  Bureau 
prints  the  text  of  the  proposed  new  constitution,  with 
extensive  explanatory  comments,  and  the  text  of  the  con- 
stitution of  1870,  with  cross  references  to  the  new  instru- 
ment. It  is  designed  especially  to  meet  the  needs  of 
writers,  speakers,  and  others  who  may  wish  thoroughly 
to  familiarize  themselves  with  the  details  of  the  changes 
made.  Until  the  limited  edition  of  that  publication  is 
exhausted,  any  citizen  of  Illinois  may  secure  a  copy  free 
of  cost  by  writing  to  the  Chicago  Bureau  of  Public  Effi- 
ciency, 315  Plymouth  Court,  Chicago. 

Chicago  Bureau  of  Public  Efficiency, 

Harris  S.  Keeler, 

Director, 
November,  1922. 


SUMMARY  AND  CONCLUSIONS 

The  Chicago  Bureau  of  Public  Efficiency  believes  that 
the  proposed  new  constitution  contains  important  fea- 
tures which  will  do  much  to  advance  the  welfare  of  Illi- 
nois and  of  Chicago;  and  that  its  rejection  will  prevent 
social,  economic  and  governmental  progress  and  will  re- 
sult in  further  governmental  and  political  demoraliza- 
tion. The  Bureau  therefore  urges  all  citizens  to  work 
and  vote  for  the  adoption  of  the  proposed  new  constitu- 
tion, regardless  of  any  disappointment  or  dissatisfaction 
ihej  may  feel  over  its  minor  shortcomings. 

Among  the  more  important  advantages  to  be  gained 
through  the  adoption  of  the  proposed  document  are  the 
following : 

1.  The  process  of  amendment  is  much  easier  under 
the  proposed  constitution.  If  it  is  adopted  the  people 
will  receive  at  once  the  benefit  of  its  many  desirable  new 
provisions  and  at  the  same  time  can  proceed  with  greater 
ease  and  rapidity  to  secure  further  changes  which  may 
be  needed.  The  choice  of  the  voter  lies  only  between  the 
proposed  and  the  present  constitution.  If  the  proposed 
is  rejected  the  hope  of  much  needed  constitutional 
changes  will  be  confined  to  the  slower  and  more  difficult 
process  of  amendment  provided  by  the  present  document 
under  which  so  many  futile  attempts  have  been  made  in 
the  past. 

2.  The  proposed  revenue  article  is  a  great  improve- 
ment over  the  present.  No  provision  of  value  contained 
in  the  present  is  omitted  from  the  proposed.  The  advan- 
tages of  the  new  provision  for  an  income  tax  on  intangi- 
ble personal  property,  in  place  of  the  tax  by  valuation 
now  required,  should  appeal  to  all  persons.    An  income 


6  Chicago  Bureau  of  Public  Efficiency 

tax  provides  the  only  practical  way  to  reach  this  class  of 
property  and  make  it  pay  its  share  of  the  public  expense. 
A  general  income  tax  is  also  permitted  (but  not  required) 
by  legislative  action.  Household  furniture  not  exceeding 
$500  in  value  may  be  exempted  from  all  taxes.  This  is 
new.  A  more  equitable  method  of  enforcing  the  collection 
of  delinquent  taxes  is  provided. 

3.  Important  changes  in  court  procedure  are  provided. 
They  are  designed  to  modernize  the  judicial  system  of 
the  state  so  as  to  enable  the  courts  to  dispose  promptly 
and  efficiently  of  the  business  brought  before  them.  The 
proposed  changes  should  result  in  simplification  and  im- 
provement of  procedure  and  the  consequent  more  effec- 
tive, expeditious  and  economical  administration  of  jus- 
tice. 

4.  The  consolidation  of  the  courts  in  Cook  county  will 
give  this  community  a  much  more  efficient  organization 
for  judicial  purposes. 

5.  The  representation  in  the  Supreme  Court  from  the 
seventh  district  (comprising  the  counties  of  Cook,  Will, 
Lake,  Kankakee  and  DuPage)  is  increased  from  one 
judge  in  a  court  of  seven  to  three  judges  in  a  court  of 
nine. 

6.  The  present  system  of  so-called  minority  represen- 
tation in  the  legislature  and  the  abuses  which  have  grown 
up  under  it  will  be  abolished.  This  is  a  change  long 
sought  by  progressive-minded  citizens. 

7.  The  compromise  over  the  question  of  the  limita- 
tion of  Cook  county's  representation  in  the  general  as- 
sembly is  the  best  that  could  be  effected.  It  should  be 
accepted. 


i 


Summary  and  Conclusions  7 

8.  Much  needed  reorganization  of  county  government 
on  progressive  lines  is  made  possible. 

9.  Chicago  is  given  large  home-rule  powers,  among 
them  the  power  to  frame  and  adopt  its  own  charter, 
which  may  contain  provisions  for  the  initiative,  referen- 
dum and  recall  in  local  matters  if  the  people  desire  them. 
The  home-rule  provisions  are  exceedingly  liberal  and  if 
adopted  will  operate  to  give  this  city  a  status  and  powers 
equaled  by  few  large  cities  in  the  country. 

10.  Chicago  is  given  additional  borrowing  power  for 
acquiring  and  improving  transportation  and  water  sys- 
tems. This  power  is  carefully  safeguarded  through  pro- 
visions that  will  encourage  efficient  management  and  pre- 
vent the  municipalization  of  traction  properties  becoming 
a  menace  to  taxpayers. 

11.  Additional  powers  for  the  consolidation  of  local 
governments  with  the  city  of  Chicago  are  provided. 

12.  The  proposed  constitution  directly  shortens  the 
ballot  to  some  extent,  and  provision  is  made  by  which  the 
legislature  may  shorten  it  still  more. 

13'.  The  new  provisions  with  respect  to  zoning  and 
the  power  of  excess  condemnation  are  distinctly  bene- 
ficial. 

14.  Many  of  the  objections  raised  are  based  upon  mis- 
information, prejudice  or  petty  self-interest.  Such  as 
have  merit  are  clearly  outweighed  by  the  many  benficial 
provisions  of  the  proposed  document. 


SHALL  THE  PROPOSED  NEW 
CONSTITUTION  BE  ADOPTED? 


Illinois  lias  great  need  of  changes  in  its  constitution. 
The  present  constitution  was  adopted  in  1870.  The  pro- 
visions of  its  amending  clause  are  exceedingly  rigid  and 
have  made  it  impossible  to  secure  changes  adequate  to 
the  economic  and  governmental  needs  of  a  rapidly  grow- 
ing industrial  state. 

The  Constitutional  Convention,  which  has  been  in  ses- 
sion intermittently  for  over  two  years,  has  completely 
revised  and  rewritten  the  present  document  and  the  pro- 
posed new  constitution  is  to  be  submitted  to  the  voters 
of  the  state  for  adoption  or  rejection  at  a  special  election 
to  be  held  for  that  purpose  on  December  12,  1922. 

The  choice  of  the  voter  does  not  lie  between  the  pro- 
posed new  document  and  the  ideal  constitution  which  he 
or  she  has  in  mind.  It  is  between  the  adoption  of  the 
proposed  new  constitution  and  the  retention  of  the  pres- 
ent antiquated  and  inadequate  constitution  of  1870. 

A  document  like  the  proposed  constitution  is  neces- 
sarily a  series  of  compromises.  It  does  not  contain  fea- 
tures earnestly  desired  by  various  groups.  Some  of  the 
changes  made  are  less  sweeping  than  portions  of  the 
electorate  think  they  ought  to  be.  There  are  provisions 
that  can  be  made  the  basis  of  appeals  to  prejudice  or  that 
arouse  the  antagonism  of  petty  self-interest  of  one  kind 
or  another. 

However,  the  proposed  new  constitution  omits  nothing 
of  real  value  contained  in  the  present  constitution  and 


10  Chicago  Bureau  of  Puilic  Efficiency 

it  must  be  conceded  by  thinking  citizens  that  the  new 
contains  important  features  that,  if  adopted,  will  do  much 
to  promote  the  progress  of  Illinois  and  of  Chicago. 

If  the  proposed  constitution  is  rejected  by  the  voters, 
the  state  must  continue  to  live  under  the  present  doc- 
ument, which  has  long  since  been  outgrown.  In  the  fu- 
ture, as  in  the  past,  it  will  be  difficult,  if  not  impossible, 
to  amend  it.  And  the  probability  of  another  constitu- 
tional convention  during  the  lifetime  of  this  generation 
is  remote. 

Under  these  circumstances  every  voter  should  consider 
carefully  the  best  interests  of  the  state  at  large,  and  of 
Chicago,  put  aside  his  or  her  petty  self-interest,  and  vote 
to  accept  the  proposed  new  constitution  with  its  bene- 
ficial and  progressive  features  and  its  easier  amending 
clause.  It  is  essential  to  progress  that  citizens  take  a 
broad  and  public-spirited  view  of  questions  of  general 
concern  and  that  they  subordinate  their  prejudices  and 
the  lesser  matters  with  which  they  may  be  especially  con- 
cerned, to  the  larger  issues  involving  the  common  welfare. 


AN  EASIER  AMENDING  PROCESS  PROVIDED 

The  recent  Constitutional  Convention  was  called 
largely  because  of  the  difficulty  of  amending  the  present 
constitution.  The  proposed  document  will  make  the 
amending  process  much  easier.  Under  the  present,  but 
one  article  may  be  amended  at  a  time ;  under  the  new,  the 
legislature  at  the  same  session  may  submit  amendments 
to  two  articles.  The  present  constitution  provides  that 
amendments  shall  not  be  proposed  to  the  same  article 
of tener  than  once  in  four  years ;  under  the  new,  this  re- 
striction will  apply  only  to  the  same  section.  This  is  an 
important  gain,  since  the  four  or  five  articllte  involving 
contentious  matters  each  contain  many  sections.    If  nee- 


Proposed  New  Constitution  11 

essary  or  desirable,  extensive  and  important  changes  in 
the  proposed  constitution  could  be  made  every  two  years. 

Under  the  present  constitution  an  amendment  to  be 
adopted  must  receive  a  majority  of  all  the  votes  cast  at 
the  election  at  which  it  is  submitted.  This  means  that 
anyone  voting  for  even  one  official  but  not  voting  on  the 
amendment  in  effect  is  counted  against  it.  Under  the 
proposed  constitution  only  a  majority  of  the  votes  cast 
for  members  of  the  house  of  representatives  will  be  nec- 
essary to  the  adoption  of  an  amendment.  This  change 
will  make  it  substantially  easier  to  secure  the  approval 
of  amendments  on  referendum. 

Many  persons  are  disappointed  that  the  proposed 
amending  clause  is  not  more  liberal  in  its  terms.  The 
Bureau  would  have  preferred  a  more  liberal  one.  How- 
ever, the  proposed  is  a  great  improvement  over  the  pres- 
ent. If  the  new  constitution  is  adopted  the  people  will 
receive  at  once  the  benefit  of  its  many  desirable  new  pro- 
visions, while  at  the  same  time  they  can  proceed  with 
greater  ease  and  rapidity  to  secure  further  changes  which 
may  be  needed.  On  the  other  hand,  if  the  proposed  con- 
stitution is  rejected,  the  hope  of  much  needed  modifica- 
tions will  be  confined  to  the  slower  and  more  difficult 
process  of  amendment  provided  by  the  present  consti- 
tution, under  which  so  many  futile  attempts  have  been 
made  in  the  past. 

REVENUE 

Of  the  various  influences  that  led  to  calling  a  consti- 
tutional convention  the  need  for  changes  in  the  present 
revenue  article  was  one  of  the  most  important.  But  there 
is  much  disagreement  upon  questions  of  taxation  and 
members  of  the  Convention  labored  long  and  diligently 
to  effect  a  solution  of  the  problem. 

In  several  respects  the  proposed  revenue  article  is  a 


12  Chicago  Bureau  of  Public  Efficiency 

distinct  improvement.    Its  more  important  features  are 
as  follows : 

1.  The  general  tax  by  valuation  on  all  classes  of  prop- 
erty, which  is  required  under  the  present  constitution,  is 
also  required  by  the  proposed  article,  except  as  the  legis- 
lature is  authorized  to  provide  a  substitute  income  tax 
on  intangible  personal  property,  and  except  also  as 
household  furniture  of  the  value  of  $500  may  be  exempted 
from  any  tax.  All  the  provisions  of  the  present  consti- 
tution are  therefore  available  under  the  proposed  and 
may  be  utilized  so  far  as  they  are  of  value. 

2.  The  legislature  is  authorized  to  provide  a  flat  rate 
income  tax  on  incomes  from  intangible  personal  property 
in  place  of  the  tax  by  valuation  at  present  required  (but 
to  a  very  limited  extent  levied  or  paid)  on  this  class  of 
property.  The  proceeds  of  this  tax  are  to  be  distributed 
to  the  state  and  various  local  taxing  authorities  in  the 
same  proportions  that  general  property  taxes  are  dis- 
tributed among  them. 

3.  The  legislature  is  permitted  (not  required)  to  levy 
a  general  income  tax  on  all  net  incomes.  This  tax,  if 
levied,  will  be  in  addition  to  other  taxes  authorized,  but 
in  order  to  avoid  double  taxation,  the  general  assembly 
may  permit  deductions  to  compensate  for  other  taxes 
paid  on  the  property  (or  income  therefrom)  from  which 
the  income  taxed  under  the  general  income  tax  provision 
is  derived.  The  general  income  tax  (unlike  the  substi- 
tute income  tax  on  intangibles)  may  be  graduated  and 
progressive  but  the  highest  rate  may  not  exceed  three 
times  the  lowest  rate.  In  case  a  general  income  tax  is 
levied  all  household  furniture  and  the  implements  of 
agriculture  and  labor  used  as  such  may  be  exempted  from 
all  taxation.  Exemptions  from  income  derived  from  per- 
sonal services,  amounting  to  $1,000,  plus  $200  for  each 
dependent  child  under  16  years  of  age,  to  heads  of  fam- 
ilies and  of  $500  to  other  persons,  are  also  authorized. 


Proposed  New  Constitution  13 

The  advantages  of  an  income  tax  in  substitution  for 
the  present  general  property  tax  on  intangible  personal 
property  should  appeal  to  all  persons.  This  class  of 
property  (money,  stocks,  bonds,  mortgages,  etc.)  has 
increased  enormously  since  the  constitution  of  1870  was 
adopted.  Because  of  the  ease  with  which  it  is  concealed 
the  great  bulk  of  it  escapes  taxation  altogether.  The  re- 
sult is  higher  taxes  on  real  estate  and  on  personal  prop- 
erty, both  tangible  and  intangible,  so  far  as  the  latter 
is  taxed  at  all.  In  the  case  of  intangibles,  taxation 
frequently  amounts  to  confiscation  of  the  income.  This 
situation  in  turn  leads  to  greater  efforts  to  escape  on  the 
part  of  all  classes  in  the  communty,  and  to  obvious  injus- 
tice to  those  who  are  either  unwilling  or  unable  to  avoid 
the  assessor.  An  income  tax  is  the  only  practicable  way 
to  reach  this  class  of  property  and  make  it  pay  its  share 
of  the  public  expense.  Such  a  tax  probably  would  not 
only  provide  more  revenue,  but  indirectly  would  operate 
to  reduce  real  estate  taxes. 

The  desirability  and  fairness  of  raising  a  portion  of 
the  public  revenues  through  a  general  income  tax  is 
widely  recognized.  So  far  as  the  specific  provisions  of 
the  proposed  revenue  article  authorizing  such  a  tax  are 
objected  to,  they  are  criticized  chiefly  on  the  following 
grounds : 

1.  It  is  claimed  that  the  limitation  of  the  highest  rate 
to  three  times  the  lowest  rate,  in  case  of  a  graduated  tax, 
does  not  allow  the  legislature  sufiicient  latitude  in  taxing 
large  incomes.  It  is  conceded  that  the  lowest  rate  appli- 
cable to  the  smaller  incomes  of  the  majority  of  taxpayers 
is  never  likely  to  be  made  burdensome  and  that,  under 
the  three-to-one  limitation,  this  wiU  operate  unduly  to  re- 
strict the  taxing  of  larger  incomes.  On  the  other  hand, 
it  is  contended  that  an  unlimited  or  excessive  power  to 
tax  large  incomes  might  be  exercised  in  ways  destructive 


14  Chicago  Bureau  of  Public  Efficiency 

alike  of  the  incomes  and  of  the  development  and  welfare 
of  the  community.  The  new  proposal  represents  the  com- 
promise of  these  conflicting  views  reached  by  the  Conven- 
tion. 

2.  It  is  contended  also  that  the  legislature  should  have 
been  given  greater  freedom  in  dealing  with  the  question 
of  exemptions,  and  that,  in  any  event,  the  exemptions 
allowed  are  too  low,  either  because  it  is  thought  that 
persons  of  small  incomes  should  not  be  required  to  pay 
taxes  directly,  or  because  the  cost  of  collection  will  be 
too  high  in  proportion  to  the  amounts  collected  from 
such  persons.  On  the  other  side,  it  is  argued  that  to  allow 
a  larger  exemption  in  the  case  of  smaller  incomes  would 
probably  involve  a  corresponding  increase  in  the  exemp- 
tions from  moderate  incomes,  resulting  in  a  material  loss 
of  revenue  from  this  latter  source;  and  also  that  it  is 
not  only  equitable  but  desirable  that  persons  of  small  in- 
comes shall  participate  directly  in  the  expenses  of  gov- 
ernment, to  the  end  that  their  interest  in  governmental 
affairs  may  be  stimulated.  Here,  again,  the  provisions 
adopted  by  the  Convention  are  a  compromise. 

3.  Objection  is  sometimes  made  that  there  is  the  pos- 
sibility of  double  taxation  resulting.  But  in  order  to 
avoid  this  the  legislature  is  authorized  to  permit  deduc- 
tions from  income  taxes  to  compensate  for  other  taxes 
paid.  The  danger  of  double  taxation  therefore  seems 
remote. 

In  passing  judgment  on  these  matters,  it  should  be 
borne  in  mind  that  the  provisions  for  a  general  income 
tax  are  permissive,  not  mandatory.  If  they  do  not  meet 
with  popular  approval,  the  legislature,  which  is  presumed 
to  represent  public  opinion,  is  not  required  to  pass  any 
laws  under  them.  Or,  if  they  are  tried,  and  are  found 
unworkable  or  unsatisfactory  in  operation,  they  may  be 
abandoned  by  legislative  act. 


Proposed  New  Constitution  15 

Among  the  changes  of  lesser  importance  contained  in 
the  new  revenue  proposal  is  that  permitting  the  exemp- 
tion from  taxation  of  household  furniture  not  exceeding 
$500  in  value,  the  assessment  of  which  is  an  expensive 
nuisance  often  resulting  in  petty  annoyances  and  abuses ; 
that  permitting  a  more  equitable  and  satisfactory  method 
of  enforcing  the  collection  of  delinquent  taxes ;  and  that 
permitting  municipalities  to  join  in  making  public  im- 
provements and  to  finance  them  by  special  assessments. 


CHANGES  IN  COURT  PROCEDURE 

The  administration  of  justice  is  one  of  the  most  impor- 
tant objects  of  government.  Long  delays  in  the  trial  of 
cases  and  cumbersome  procedure  always  bear  most  heav- 
ily upon  persons  of  small  means  and  often  result  in  what 
in  effect  is  a  complete  denial  of  justice. 

Illinois  for  many  years  has  been  conspicuously  back- 
ward in  modernizing  its  judicial  system  so  as  to  enable 
the  courts  to  dispose  promptly  and  efficiently  of  the  busi- 
ness brought  before  them.  The  changes  in  court  pro- 
cedure and  organization  proposed  in  the  new  constitution 
represent  a  serious  attempt  by  the  Convention  to  correct 
this  situation. 

One  of  the  most  important  of  these  changes  is  that  au- 
thorizing the  Supreme  Court  to  prescribe  rules  of  plead- 
ing, practice  and  procedure  in  all  courts.  This  power  has 
heretofore  resided  in  the  legislature.  This  has  contrib- 
uted much  to  the  inefficiency  of  our  judicial  system.  In 
the  nature  of  things  a  body  like  the  legislature  is  not 
constituted  to  deal  promptly  and  adequately  with  such 
questions.  The  proposed  change  will  place  all  matters 
relating  to  the  conduct  of  litigation  within  the  jurisdic- 
tion of  the  courts,  which  presumptively  are  best  qualified 
to  deal  with  them.    This  should  result  in  the  simplifica- 


16  Chicago  Bureau  of  Public  Efficiency 

tion  and  improvement  of  court  procedure  and  the  con- 
sequent more  effective,  expeditious,  and  economical  ad- 
ministration of  justice. 

Under  the  proposed  change  the  Supreme  Court  will 
have  an  almost  unlimited  opportunity  to  improve  the 
manner  in  which  the  business  of  the  courts  is  conducted. 
It  is  to  be  hoped  and  expected  that  it  will  exercise  its  new 
powers  wisely  and  fairly.  If  it  does  not  do  so  the  legis- 
lature may  set  aside  any  rule  made  by  the  court,  although 
it  may  not  substitute  a  new  rule  for  one  set  aside.  More- 
over, the  rule  making  provisions  are  no  more  sacred  than 
other  parts  of  the  proposed  constitution  and  if  occasion 
requires  may  be  amended  the  same  as  others.  Thus, 
if  it  is  demonstrated  that  the  legislative  veto  now  pro- 
posed is  inadequate  and  does  not  provide  an  effective 
check  upon  the  action  of  the  court,  by  constitutional 
amendment  either  the  power  of  the  legislature  may  be 
extended,  or  if  necessary  the  control  over  matters  of 
practice  and  procedure  may  be  withdrawn  from  the  court. 

Sections  7  and  8  of  the  Bill  of  Rights  contain  important 
changes  relating  to  the  subject  of  bail  and  to  the  man- 
ner of  instituting  criminal  proceedings. 

The  present  constitution  guarantees  the  right  of  bail, 
"except  for  capital  offenses  where  the  proof  is  evident 
or  the  presumption  great."  The  proposed  constitution 
(Sec.  7),  like  the  constitution  of  the  United  States,  pro- 
vides merely  that  "excessive  bail  shall  not  be  required." 
The  address  of  the  Convention  says  that  this  leaves  the 
question  of  bail  "mthin  the  sound  discretion  of  the 
judge."  The  new  language  does  not  expressly  destroy 
the  power  of  the  legislature  to  regulate  bail  and  the  gen- 
eral rule  is  that  the  legislature  has  powers  not  denied. 
The  Bureau  believes  that  the  weight  of  legal  authority 
is  to  the  effect  that  the  proposed  change  will  leave  the 
entire  subject  of  bail  within  the  control  of  the  legislature, 


Proposed  New  Constitution  17 

just  as  under  like  language  in  the  Federal  constitution  it 
is  within  the  control  of  congress.  Under  this  construc- 
tion, the  legislature  may  continue  the  existing  rules  for 
the  protection  of  accused  persons,  or  it  may  prescribe 
other  terms  and  conditions  for  the  protection  of  the  ac- 
cused and  of  the  community.  For  instance,  it  might  pro- 
vide that  first  offenders  should  be  bailable  but  that  habit- 
ual criminals  could  be  denied  bail.  Such  a  distinction  can- 
not be  made  under  the  present  constitution.  Questions 
as  to  whether  a  specific  case  came  within  one  or  another 
of  the  legislative  regulations  and  as  to  the  amount  of 
bail  in  any  case  would,  as  at  present,  be  within  the  juris- 
diction and  discretion  of  the  court. 

Section  8  of  the  Bill  of  Eights  permits  the  prosecu- 
tion of  all  criminal  cases,  except  capital  offenses,  either 
by  indictment  or  on  information  filed  by  the  attorney  gen- 
eral of  the  state  or  the  state 's  attorney.  The  provisions 
for  informations  in  felony  cases  are  new.  They  are  in 
the  interest  of  the  prompt  and  effective  handling  of  such 
cases.  Under  the  present  constitution,  injustice  often 
results  to  innocent  persons  who  are  accused  of  crime  but 
cannot  be  brought  promptly  to  trial  because  they  must 
await  indictment  by  a  grand  jury  which  is  convened  only 
at  infrequent  intervals.  This  applies  particularly  in  the 
rural  parts  of  the  state.  Meanwhile  the  accused  must 
remain  in  jail  unless  he  is  in  a  position  to  give  bail.  The 
injustice  in  such  cases  is  always  to  persons  of  small  means 
who  have  no  facilities  for  furnishing  bail.  Objection  is 
made  in  some  quarters  to  the  provision  authorizing  the 
attorney  general  to  file  informations  mthout  leave  of 
court. 

COURT  REORGANIZATION 

The  proposed  new  constitution  also  makes  important 
changes  in  court  organization.  At  present  the  Supreme 
Court  consists  of  seven  judges,  of  whom  only  one  is 


18  Chicago  Bureau  of  Public  Efficiency 

elected  from  the  seventh  district,  comprising  the  conn- 
ties  of  Cook,  Will,  Lake,  Kankakee  and  DnPage.  Under 
the  new  plan  the  court  will  consist  of  nine  judges,  three 
of  whom  will  be  elected  from  this  district,  although  only 
two  of  the  three  may  be  nominated  from  Cook  county. 
However,  the  voters  of  Cook  county  will  participate  in 
the  election  of  all  three.  Thus  the  community  of  which 
Chicago  is  the  center  will  be  given  much  larger  represen- 
tation than  at  present  on  the  Supreme  Court. 

Appellate  court  judges  are  now  designated  by  the  Su- 
preme Court  from  among  the  elective  circuit  court  and 
superior  court  judges.  The  new  plan  provides  for  their 
appointment  by  the  Supreme  Court  and  appointments 
may  be  made  either  from  among  elective  judges  or  from 
among  qualified  members  of  the  bar. 

Another  very  important  provision  of  the  proposed 
judiciary  article  is  that  for  the  unification  of  the  courts 
of  Cook  county.  The  circuit,  superior,  criminal,  probate 
and  county  courts,  the  municipal  court  of  Chicago  and 
the  city  court  of  Chicago  Heights  are  to  be  consolidated 
into  one  court — the  circuit  court  of  Cook  county — ^with 
two  divisions,  civil  and  criminal.  Each  division  will 
have  a  chief  justice,  with  such  administrative  powers  as 
the  Supreme  Court  may  prescribe.  The  Supreme  Court 
will  also  have  the  power  to  assign  judges  to  service  in 
their  respective  divisions.  This  arrangement  should 
provide  the  community  with  a  much  more  effective  or- 
ganization for  judicial  purposes  than  it  possesses  in  its 
present  multiplicity  of  separate  courts,  in  which  ade- 
quate administrative  organization  and  power  are  lack- 
ing. 

The  provisions  for  the  appointment  of  appellate  court 
judges,  and  of  the  chief  justices  of  the  circuit  court  of 
Cook  county  by  the  Supreme  Court,  and  for  the  assign- 
ment of  judges  to  service  in  the  two  divisions  of  that 


Proposed  New  Constitution  19 

court,  meet  with  some  opposition  on  the  ground  that 
they  will  unduly  enlarge  the  political  power  of  the  Su- 
preme Court.  Even  those  who  make  this  objection  ought 
to  support  the  new  plan  in  view  of  its  other  advantages. 

The  consohdation  of  the  courts  carries  with  it  the 
consolidation  of  their  respective  clerk's  offices  and  the 
abolition  of  all  but  one  of  the  five  existing  elective  clerk- 
ships. This  has  aroused  the  opposition  of  certain  pol- 
iticians. No  clerk  now  serving  mil  have  his  term  short- 
ened. But  that  does  not  satisfy  the  persons  interested 
in  these  jobs.  They  want  them  continued  in  order  that 
factions  may  fight  for  them  as  political  spoils  in  the  fu- 
ture, although  their  continuation  means  waste  of  tax- 
payers' money  and  impaired  efficiency.  Opposition  of 
this  sort  should  stimulate  the  disinterested  citizen  to 
vote  for  the  proposed  new  constitution. 


MINORITY  REPRESENTATION  ABOLISHED 

One  of  the  most  important  changes  proposed  is  that 
relative  to  the  election  of  members  of  the  Illinois  house 
of  representatives.  The  present  constitution  provides 
for  51  districts  from  each  of  which  three  members  are 
elected.  Cumulative  voting  is  permitted.  This  system 
was  designed  to  permit  voters  of  a  minority  party  by 
plumping  their  votes  to  elect  at  least  one  member  in  each 
district.  However,  in  practice  the  party  organizations 
fix  the  number  of  nominees  and  in  many  cases  limit  to 
three  the  total  number  to  be  nominated  in  a  district  by 
the  major  parties.  This  not  only  deprives  the  voter  of 
any  opportunity  to  choose  his  representatives  but  in- 
evitably tends  to  lower  the  standard  of  representation. 

Under  the  proposed  plan  one  member  will  be  elected 
from  each  of  153  districts.  This  change,  which  is  op- 
posed by  many  politicians  because  it  may  affect  their 


20  Chicago  Bureau  of  Public  Efficiency 

control  of  the  situation,  has  long  been  demanded  by  pro- 
gressive-minded citizens.  It  should  do  much  to  improve 
the  membership  of  the  law-making  body  of  the  state.  The 
opportunity  to  secure  its  adoption  should  not  be  lost. 


LEGISLATIVE  APPORTIONMENT 

The  question  of  legislative  apportiomnent  and  the  lim- 
itation of  Cook  county's  representation  was  one  of  the 
most  bitterly  contested  matters  before  the  Convention. 
Down-state  members  proposed  that  Cook  county  be  lim- 
ited in  both  houses.  This  plan  Avas  opposed  vigorously 
and  successfully  by  the  Cook  county  delegation.  The 
outcome  was  a  compromise,  under  which  Cook  county  is 
given  full  representation  in  the  lower  house  in  propor- 
tion to  its  voting  strength,  but  is  limited  in  the  senate 
to  one-third  the  total  membership.  The  senate  is  to 
consist  of  57  members,  of  which  19  will  be  elected  from 
Cook  county. 

There  will  be  some  limitation  too  in  future  constitu- 
tional conventions,  which  will  be  composed  of  two  dele- 
gates from  each  senatorial  district,  plus  seven  to  be 
elected  at  large  from  Cook  county.  This  will  give  a  total 
membership  of  121,  of  whom  45  will  be  from  Cook  coun- 
ty and  76  from  the  rest  of  the  state.  The  recent  conven- 
tion consisted  of  102  members — ^38  from  Cook  county,  and 
64  from  down-state. 

The  Bureau  believes  that  any  limitation  is  unsound  in 
principle.  However,  the  state  is  confronted  with  a  prac- 
tical situation  in  which  mutual  concessions  are  necessary. 
Chicago  and  Cook  county  are  in  fact  now  limited  in  both 
houses  of  the  general  assembly.  Down-state  has  a  sub- 
stantial majority  and  for  more  than  ten  years  has  per- 
sistently refused  to  obey  the  mandate  of  the  present  con- 
stitution and  to  reapportion  so  as  to  give  Chicago  the 


Proposed  New  Constitution  21 

representation  to  which  it  is  now  entitled.  Future  legis- 
latures may  and  apparently  will  refuse  to  reapportion 
and  there  is  no  provision  by  which  they  can  be  compelled 
to  act.  Existing  districts  are  grossly  unequal  in  popula- 
tion and  areas  throughout  the  state  which  have  devel- 
oped rapidly  since  the  last  apportionment  in  1901  are 
under-represented.  This  whole  situation  is  unjust  and 
results  in  bad  feeling  which  is  detrimental  both  to  Chi- 
cago and  to  the  state  at  large.  The  proposed  arrange- 
ment should  do  much  to  correct  this  to  the  mutual  advan- 
tage of  all  concerned. 

The  proposed  constitution  also  contains  a  provision 
designed  to  prevent  future  deadlocks  on  reapportion- 
ments, by  authorizing  three  elective  state  officials  to  make 
them  if  the  legislature  fails  to  act. 

Compromise  is  called  for.  The  Bureau  believes  that 
the  one  in  the  proposed  constitution  is  the  best  that  could 
be  effected  and  that  it  should  be  accepted. 


REFORM  OF  COUNTY  GOVERNMENT 

County  government  in  Illinois  is  sorely  in  need  of  re- 
form but  changes  are  practically  impossible  because  of 
the  restrictions  in  the  present  constitution.  The  new 
constitution,  it  is  true,  retains  in  form  practically  all  the 
present  restrictions.  But  there  is  a  new  section  (166) 
which  gives  the  legislature  sweeping  powers  to  reorgan- 
ize and  simplify  county  government,  regardless  of  such 
restrictions.  These  powers  are  subject  to  the  condition 
that  no  plan  of  reorganization  shall  become  effective  in 
any  county  until  approved  by  the  people  of  the  county 
on  a  referendum  vote.  Under  this  section,  the  legisla- 
ture must  act  by  laws  uniform  as  to  classes  of  counties. 
Cook  county  could  be  treated  as  a  class  by  itself  and  a 
plan  of  government  could  be  framed  for  this  county  as 


22  Chicago  Bureau  of  Public  Efficiency 

well  as  for  other  counties,  suited  to  its  or  their  special 
needs.  The  possibilities  for  improvement  of  county  gov- 
ernment under  section  166  are  much  greater  than  is  gen- 
erally realized. 

HOME  RULE  FOR  CHICAGO 

The  proposed  constitution  contains  provisions  spe- 
cially applicable  to  Chicago  of  very  great  importance  to 
this  community.  Whatever  tends  to  improve  govern- 
mental conditions  in  Chicago  must  redound  indirectly  to 
the  benefit  of  the  state  at  large.  Chicago  has  struggled 
for  years  for  larger  home-rule  powers  and  for  full  grant 
of  authority  to  handle  its  local  transportation  problems 
in  its  own  way.  The  provisions  of  the  new  constitution 
with  respect  to  these  matters  are  exceedingly  liberal.  If 
adopted  they  will  operate  to  give  Chicago  a  status  and 
powers  equaled  by  very  few  other  large  cities  in  the 
country. 

In  the  nature  of  things,  a  city  cannot  be  made  abso- 
lutely independent  of  the  state.  The  line  of  demarca- 
tion between  powers  properly  local  and  those  of  state- 
wide concern  is  not  clear  and  it  is  not  stable.  Changing 
conditions  alter  situations.  A  power  properly  local  to- 
day may  affect  matters  that  rightly  will  be  considered  of 
state-wide  concern,  to-morrow,  and  vice  versa.  The  leg- 
islature, of  course,  must  be  left  free  to  deal  mth  matters 
of  general  concern.  Subject  to  the  stipulation  that  the 
city  may  impose  taxes  and  borrow  money  only  as  author- 
ized by  the  legislature  or  by  the  constitution,  and  ex- 
cept as  expressly  prohibited  by  law,  the  city  of  Chicago 
is  given  directly  by  the  constitution  ''for  all  municipal 
purposes  full  and  complete  power  of  local  self-govern- 
ment and  corporate  action." 

The  legislature  may  enact  local  or  special  laws  for  Chi- 
cago but  no  such  law  will  take  effect  until  the  city  con- 


Proposed  New  Constitution  23 

sents.  Legislative  denial  of  power  to  the  city  must  be  by 
general  law.  And  any  law  applicable  to  the  municipal 
affairs  of  no  other  city  than  Chicago  is  to  be  deemed  lo- 
cal or  special  and  not  a  general  law. 

It  may  be  said  that  powers  given  to  Chicago  by  the  new 
constitution  may  be  taken  away  by  the  legislature  by 
general  law.  But  the  change  of  initiative  and  of  pre- 
sumption is  very  important.  At  present  the  city  of  Chi- 
cago possesses  no  powers  of  local  self-government  ex- 
cept those  expressly  given  it  hy  the  legislature.  When- 
ever the  cit}^  desires  to  do  something  not  already  spe- 
cifically authorized,  it  must  go  to  the  legislature  for  an 
enabling  act.  The  experience  of  Chicago  in  seeking  much 
needed  enabling  legislation  of  various  sorts  has  been  a 
sorry  one.  Under  the  home-rule  provisions  of  the  new 
constitution  the  situation  will  be  completely  reversed. 
Except  as  to  taxing  and  borrowing  powers,  the  city  of 
Chicago  will  have  full  authority  ^\'ith  respect  to  munici- 
pal aifairs  to  take  such  action  as  it  sees  fit  unless  the  leg- 
islature checks  it  hy  general  law.  It  will  be  an  entirely 
different  thing  for  the  legislature  by  affirmative  action, 
in  the  face  of  public  opinion,  improperly  to  take  power 
away  from  Chicago,  than  it  is  now  to  deny  needed  power 
by  the  easy  process  of  blocking  the  passage  of  a  bill. 

Then,  too,  the  new  constitution  gives  to  Chicago  the 
right  to  frame  and  adopt  its  own  charter.  The  work  of 
framing  the  document  in  the  first  instance  must  be  per- 
formed by  an  elective  charter  convention.  The  charter 
so  framed  w^ll  become  effective  when  approved  by  the 
people  of  the  city  on  a  referendum  vote.  As  to  structure 
or  form  of  government,  as  distinguished  from  powers, 
the  charter  of  the  city  is  to  prevail  over  state  laws.  The 
form  of  government  for  municipal  purposes  cannot  he 
modified  hy  the  legislature.  Future  amendments  to  the 
charter  are  to  be  made  in  such  manner  as  the  charter  it- 


24  Chicago  Bureau  of  Puhlic  Efficiency 

self  may  prescribe.  The  charter  may  provide  for  the 
initiative,  referendum  and  recall  in  municipal  affairs  if 
the  people  of  Chicago  favor  such  measures. 


THE  TRACTION  QUESTION 

The  city  of  Chicago  is  given  directly  by  the  new  con- 
stitution, subject  to  regulation  by  general  law,  power  to 
''own,  acquire,  construct,  operate,  sell,  pledge,  lease  or 
let  public  utilities  or  buy  or  sell  the  service  thereof." 
This  is  merely  a  constitutional  recognition  of  the  power 
now  possessed  under  the  acts  of  the  legislature.  With 
reference  to  transporta.tion  and  water,  the  city  of  Chi- 
cago also  is  given  directly  by  the  new  constitution  suf- 
ficient borrowing  power  to  finance  any  project  upon 
which  it  may  care  to  embark.  This  power  may  be  exer- 
cised only  upon  a  referendum  of  the  people  of  the  city. 
The  right  to  issue  city  bonds  for  transportation  and 
water  is  in  addition  to  the  ordinary  limit  of  borromng 
power  otherwise  fixed  in  the  constitution.  A  publicly 
owned  transportation  system  must  pay  taxes  like  pri- 
vately owned  property.  ^Tiere  the  city  makes  use  of  the 
additional  borrowing  power  in  excess  of  the  ordinary 
limit  it  must  maintain  rates  of  fare  high  enough  to  make 
the  property  self-supporting. 

This  carefully  safeguarded  provision  of  the  new  con- 
stitution ^sn^\  make  possible  municipalization  of  the  trac- 
tion system  of  Chicago  under  conditions  that  will  encour- 
age efficient  management  and  not  be  a  menace  to  the  tax- 
payers. Heretofore  what  has  seemed  to  be  the  popular 
desire  for  direct  municipal  ownership  could  not  be  re- 
alized because  of  lack  of  financial  power.  Political  con- 
fusion and  demoralization  have  been  the  consequence. 
The  progress  and  development  of  the  community  re- 
quire that  the  city  be  given  adequate  power  to  deal  with 
the  traction  question  in  such  manner  as  public  opinion 


Proposed  New  Constitution  25 

may  deem  wise.  This  power  is  given  by  the  new  consti- 
tntion.  Failure  to  secure  this  power  by  rejecting  the  new 
constitution  is  likely  to  continue  the  traction  issue  as  a 
demoralizing  factor  in  politics  and  to  leave  the  city  a 
victim  of  poor  transportation  service.  The  Bureau  is 
strongly  of  the  opinion,  therefore,  that  all  public-spirited 
citizens — conservatives  and  progressives  alike — should 
unite  in  voting  for  the  new  constitution. 

An  increasing  number  of  citizens,  even  those  who  have 
seriously  doubted  the  wisdom  of  municipal  ownership 
and  particularly  of  municipal  operation,  are  becoming 
convinced  that  service  improvements  and  additional  fa- 
cilities are  practically  and  politically  possible  only 
through  the  use  of  public  credit.  Public  ownership  and 
public  operation  are  not  necessarily  linlved  together.  In 
case  the  new  constitution  shall  be  adopted,  and  the  city 
shall  buy  the  existing  local  transportation  lines  and  pro- 
vide money  for  additional  facilities,  three  plans  of  oper- 
ation will  be  available.  (1)  The  city  could  operate  the 
system  itself.  (2)  It  could  lease  the  system  for  operat- 
ing purposes  to  a  non-profit-making  trustee  corporation. 
Or  (3),  it  could  lease  the  system  to  a  profit-making  pri- 
vate corporation. 

CONSOLIDATION  OF  LOCAL  GOVERNMENTS 

The  proposed  new  constitution  provides  that  the  char- 
ter of  the  city  of  Chicago  may  provide  for  the  consolida- 
tion of  all  local  governments  (except  the  county)  exer- 
cising powers  within  the  city.  The  present  constitution 
authorizes  the  legislature  to  provide  for  the  consolida- 
tion of  local  governments  entirely  within  the  city.  This 
does  not  include  the  Sanitary  District  of  Chicago  or  the 
Forest  Preserve  District  of  Cook  County.  Acting  under 
this  authority,  the  general  assembly  has  passed  the  park 
consolidation  act  which  may  become  effective  if  approved 


26  Chicago  Bureau  of  Public  Efficiency 

by  the  voters.  The  new  constitution  will  transfer  the  ini- 
tiative in  consolidation  matters  from  the  legislature  to 
the  charter  making  power  of  the  city  and  will  enable 
the  city  to  take  over  the  functions  of  the  Sanitary  Dis- 
trict and  of  the  Forest  Preserve  District  if  it  desires  to 
do  so  and  the  voters  of  the  respective  districts  approve. 
In  case  of  consolidation  of  these  two  latter  bodies  the 
city  assumes  entire  responsibility  for  the  operation  and 
maintenance  of  their  functions  and  properties,  and  is 
obligated  to  provide  without  charge  sewage  disposal 
service  in  the  territory  of  the  Sanitary  District  outside 
the  city  to  the  extent  that  it  is  then  being  furnished.  Ad- 
ditional service  may  be  required  at  cost.  Property  out- 
side the  city  will  be  relieved  of  taxation  for  sanitary 
district  and  forest  preserve  purposes. 

As  an  alternative  to  the  provisions  for  consolidation 
through  the  charter  making  power,  the  legislature  is  au- 
thorized to  provide  additional  methods  for  consolidating 
local  governments  "with  the  city  of  Chicago. 

The  availability  and  value  of  these  additional  consoli- 
dation provisions  will  depend  upon  the  willingness  of 
the  people  to  accept  the  conditions  imposed  and  the  lib- 
erality with  which  the  courts  construe  the  powers  which 
the  Convention  intended  to  confer  upon  the  legislature. 

The  legislature  is  also  authorized  to  provide  for  city- 
county  consolidation,  subject  to  separate  approval  by  the 
voters  of  the  city  and  of  the  voters  of  the  county  outside 
the  city.  This  last  limitation  makes  it  possible  for  the 
minority  outside  the  city  to  veto  any  attempt  to  consoli- 
date the  city  and  county  and  renders  the  provision  prac- 
tically worthless. 


Proposed  New  Constitution  27 


THE  SHORT  BALLOT 

The  Convention  rejected  the  proposal  to  reduce  the 
number  of  elective  state  officers.  The  judiciary  article 
will  shorten  the  ballot  somewhat.  The  clerk  of  the  Su- 
preme Court,  and  clerks  of  appellate  courts,  now  elective, 
will  be  appointive  by  the  respective  courts.  Court  uniti- 
cation  in  Cook  county  will  operate  ultimately  to  reduce 
from  five  to  one  the  number  of  elective  court  clerks  in 
this  community.  As  the  result  of  making  appellate  court 
judges  appointive,  and  of  court  unification  in  Cook  coun- 
ty, the  number  of  elective  judges  will  be  lessened.  The 
legislature  is  authorized  to  make  the  county  superinten- 
dent of  schools  appointive.  Under  section  166,  intended 
to  authorize  reorganization  and  reform  of  county  govern- 
ment, it  will  be  possible  to  reduce  very  greatly  the  num- 
ber of  elective  county  officers. 

OTHER  PROVISIONS 

Among  the  provisions  of  lesser  importance  contained 
in  the  proposed  new  constitution,  some  of  which  are  en- 
listing widespread  public  interest,  are  the  following : 

1.  Zoning-  and  Excess  Condemnation.  There  are  de- 
sirable provisions  of  importance  relating  to  zoning  and 
excess  condemnation. 

2.  Legislative  Procedure.  There  are  provisions  de- 
signed to  improve  legislative  procedure. 

3.  Juries.  The  general  assembly  is  authorized  to  pro- 
vide that  women  may  be  eligible  to  serve  as  jurors.  It 
also  may  provide  for  juries  of  less  than  twelve  in  all 
civil  cases.  The  right  of  trial  by  jury  may  be  waived  ex- 
cept in  capital  cases. 

4.  Pension  Funds.     There  is  a  provision  authorizing 


28  Chicago  Bureau  of  Public  Efficiency 

tlie  general  assembly  to  give  a  vested  interest  in  the  ac- 
cumulated portion  of  any  pension  fund  to  which  an  officer 
or  employe  is  required  to  contribute. 

5.  Bible  Reading  in  the  Public  Schools.  Until  about 
twelve  years  ago,  the  present  constitution  had  not  been 
construed  to  prevent  Bible  reading  in  the  public  schools. 
In  communities  where  it  was  desired,  such  reading  pre- 
vailed; in  others  it  did  not.  In  1910,  however,  the  Illi- 
nois Supreme  Court  held  that  Bible  reading  even  without 
comment  in  the  public  schools  was  unlawful  under  the 
present  constitution.  The  proposed  constitution  contains 
a  provision  designed  to  overcome  the  effect  of  that  de- 
cision and  to  permit  the  general  assembly  or  local  school 
authorities  to  provide  for  Bible  reading  without  com- 
ment. The  new  provision  will  permit,  but  will  not  require, 
such  reading. 

6.  No  Color  or  Racial  Discrimination.  It  is  stipulated 
that  laws  shall  be  applicable  to  all  citizens  without  regard 
to  race  or  color. 

7.  Farm  Loans.  The  legislature  is  authorized  to 
provide  for  lending  money  of  the  state  on  farm  lands. 
Any  act  providing  therefor  must  be  approved  on  a  refer- 
endum vote. 

8.  Forestry.  The  legislature  is  directed  to  pass  laws 
to  encourage  forestry,  and  to  that  end  it  is  author- 
ized to  classify  for  purposes  of  taxation,  or  to  exempt 
from  taxation,  areas  devoted  to  forests  or  forest  culture. 
Some  objection  is  raised  to  these  provisions  on  the 
ground  that  real  estate  speculators  may  take  advantage 
of  them  to  escape  taxation.  They  were  inserted  at  the 
instance  of  farming  groups  who  believe  in  the  encour- 
agement of  re-f  orestration  and  who  sincerely  argued  that 
even  low  priced  lands  could  not  be  devoted  to  this  pur- 
pose if  subjected  to  full  taxation.    It  may  be  assumed 


Proposed  New  Constitution  29 

that  the  legislature  will  so  act  as  to  prevent  the  abuses 
feared. 

9.  County  Assessors.  It  is  provided  that  in  all  coun- 
ties, except  Cook,  there  shall  be  a  county  assessor  to  be 
selected  as  provided  by  law. 

10.  Waterways.  The  legislature,  without  further  re- 
ferendum vote  on  that  specific  matter,  is  authorized 
to  appropriate  $10,000,000  for  waterway  construction, 
in  addition  to  the  $20,000,000  bond  issue  for  that  purpose 
approved  on  a  referendum  in  1908.  On  account  of  ad- 
vanced prices,  it  is  said  the  waterway  cannot  be  com- 
pleted for  the  original  estimate  of  $20,000,000. 

11.  Election  Matters.  The  new  document  includes 
a  provision  limiting  elections  to  one  each  year,  and 
fixing  the  date  at  the  first  Tuesday  after  the  first 
Monday  in  November,  in  all  counties  other  than  Cook, 
which  was  excepted  as  a  result  of  protests  from  Chicago. 
In  Cook  county,  the  judge  of  the  county  court  at  the  time 
of  the  adoption  of  the  new  constitution  will  continue  dur- 
ing his  term  or  until  otherwise  provided  by  law  to  exer- 
cise control  and  supervision  over  election  matters  in  Chi- 
cago. The  general  assembly  prior  to  July  1,  1925,  is  to 
pro^^de  that  the  control  over  elections  now  vested  in  the 
county  judge  shall  devolve  upon  some  elective  county  of- 
ficer or  officers.  Under  the  new  court  plan  the  county 
judge  becomes  one  of  the  judges  of  the  circuit  court  and 
the  position  of  county  judge  in  Cook  county  is  abolished. 


30  Chicago  Bureau  of  Public  Efficiency 


SOME  OBJECTIONS  ANSWERED 

In  view  of  the  many  advantages  of  the  proposed  con- 
stitution it  is  frequently  asked,  what  are  the  objections 
to  it  and  what  weight  should  be  attached  to  them?  What 
are  the  arguments  that  lead  some  citizens  to  oppose  it? 

Many  of  the  objections  raised  are  due  to  misinforma- 
tion, prejudice  or  petty  self-interest.  Others  possess 
merit  and  are  honestly  regarded  as  serious  matters  by 
some  persons.  The  Bureau  believes,  however,  that  even 
objections  of  this  type  are  clearly  outweighed  by  the 
beneficial  provisions  of  the  proposed  document. 

The  objections  most  frequently  urged  in  connection 
with  the  provisions  relating  to  the  amending  clause,  rev- 
enue, the  courts,  minority  representation,  limitation  of 
representation,  prosecutions  by  information,  bail  and 
forestry  have  been  referred  to  in  the  preceding  parts  of 
this  statement. 

Two  other  questions  also  justify  specific  consideration. 

It  is  objected  that  the  proposed  constitution  contains 
no  provision  for  the  initiative,  referendum  and  recall. 
Neither  does  the  present  constitution.  Nothing  will  be 
gained,  therefore,  by  rejecting  the  proposed.  On  the 
contrary,  if  the  proposed  constitution  is  adopted,  and 
there  is  still  public  demand  for  such  provisions,  it  will 
be  easier  to  secure  them  in  the  future  under  the  more 
liberal  provisions  of  the  new  amending  clause. 

Objection  is  also  raised  to  section  21,  which  provides 
that  "the  republican  form  of  government  of  this  state 
shall  never  be  abandoned,  modified  or  impaired."  It  is 
said  to  be  aimed  at  the  initiative,  referendum  and  recall. 
This  section  applies  only  to  the  government  '*of  this 
state."  Under  any  reasonable  interpretation  it  will  have 
no  application  to  the  affairs  of  local  governments,  in 


Proposed  New  Constitution  31 

which  the  use  of  the  initiative,  referendum  and  recall 
may  be  provided  for  if  the  people  so  desire.  It  would 
not  prevent  such  features  in  the  home  rule  charter  for 
Chicago.  So  far  as  the  state  government  is  concerned 
the  initiative,  referendum  and  recall  are  largely  prohib- 
ited by  other  specific  provisions  of  both  the  present  and 
proposed  constitutions,  and  can  be  secured  only  through 
constitutional  amendment.  The  effect  of  the  new  sec- 
tion therefore  is  negligible  whatever  may  have  been  its 
purpose. 

The  Bureau  believes  that  this  section  is  tactless  and 
unwise  but  that  otherwise  it  is  of  no  practical  conse- 
quence. It  wiU  be  ignored  in  voting  on  the  new  consti- 
tution by  those  who  care  more  for  the  substance  of  prog- 
ress than  they  do  for  mere  phrases. 


For  the  various  reasons  set  forth  in  tliis  statement  the 
Chicago  Bureau  of  Public  Efficiency  urges  voters  to  vote 
*'Yes"  on  the  proposition  ''Shall  the  Proposed  New 
Constitution  Be  Adopted?" 


Additional  copies  of  this  statement  may  be 
had  free  of  cost  upon  application  to  the  Chicag^o 
Bureau  of  Public  Efficiency,  315  Plymouth  Court. 


137 


PRIOR  PUBLICATIONS. 

(Continued   from  Iniiide  front  cover) 


ae  Bond  laaaea  to  B«  Toted  Upon  April  7,  lBt4.    Marcli  84,  1014. 

Second  Pl«a  tor  Publicity  In  the  Office  of  County  Treasurer.     July  0,  1914. 

The  Nineteen  liocal  Govemmenta  In  Chlcaso.     (Second  Edition.)     March.  191S. 
(Out  of  Print.) 

fiZT.     Unlflcatlon  of  Local  GoTcmmenta  In  Chicago.     January,  1817. 
28.     The  City  Sfanagrer  Plan  for  Chicago.     October,  1917. 
28.     The  County  Bond  laanea  to  Be  Voted  Upon  November  0,  1017.     October  30,  1917. 

30.  Primary  Daya  and  Election  Daya  aa   Holldaya.     An   Inatance  of   Governmental 

Abaurdlty  and  Waste.     November  5,  1817.     (Out  of  Print.) 

31.  Chicaero'a   Financial    Dilemma.      Reply    to   a    Letter    from    City   Oflldala    Asking' 

Ci^'ic  Organlcatlona  to  Co-operate  in  Urging  a  Special  Seaaloa  of  the  Legla- 
lature  to  Provide  Financial  Relief  for  the  City.     December,  1017. 

32.  The  Water  l^'^orka  Syatem  of  the  City  of  Chicago.     December,  1817. 

33.  Universal    Metering    of    Chicago's    Water    Supply.      The    Need    for    It—What    It 

W^ould    Accompllah.      July,    1818. 

31.  Excess  Condemnation.  Why  the  City  of  Chicago  Should  Have  the  Power,  in 
Making  Public  Improvements,  to  Take  Property  In  Excess  of  Actual  Require- 
ments.    September,  1818.      (Out  of  Print.) 

35.  Chicago's  Special  Need  for  a  Constltutional^Conventlon.     October  21,  1818. 

36.  Proposed  Tax  Increaaes  for  the  City  of  Chicago,  the  Board   of  Education,   nnd 

Cook  County.     June,  1818.      (Out  of  Print.) 

37.  Shall   the    City    of   Chicago    Employ    Permanently    1,000    Additional    Policeman  f 

September  5,  1818. 

38.  Consolidation  of   Local   Governnieuts  in   Chicago.     Droft   of  a  Proposed   Article 

cf  the  Constitution  of  the  Stnte  of  Illinois  Providing  for  the  Consolidation 
of  Local  Govemmenta  Having  Jurisdiction  Wholly  or  Partly  Within  the 
City  of  Chicago.     Together  vrlth  Explanatory  Statement.     January,  1020. 

39.  The  City  Bond  Issues  To  Be  Voted  Upon  April  13,  1920.     April  6,  1020. 

40.  The  High  Cost  of  Elections  in  Chicago  and  Cook  County.     January,  1021. 

41.  The  City  Bond  lasne  To  Be  Voted  Upon  February  22,  1821.     February  15,  1821. 

42.  The  Jail  Bond  Issue  To  Be  Voted  Upon  Monday,  June  6,  1821.     May  31,  1821. 

43.  Propoaed  Increases  in  Revenue  for  the  Chicago  SchcMtla.    June  0,  1821. 

44.  A  Proteat  Agalnat  the  Propoaed  Nevr  County  Road  Tax.     April  1,  1822. 

45.  Suggeationa  For  Avoiding  an  Unnecessary   Increase  In  School  Taxea.     April  4, 

1922. 

4C.     A  Second  Proteat  Agalnat  the  Propoaed  Nevr  County  Rond  Tax.     AprU  22,  1022. 

47.  The  City  Bond  laauea  To  Be  Voted  Upou  June  5,  1822.     June  1,  1822. 

48.  The  Proposed  New  Constitution  for  Illinois  io  be  Voted  Upon  December  12,  1822. 

Text  of  Proposed  Constitution  with  Kxplnnatory  Comments.  Also  text  of 
Constitution  of  1870   with   Cross  Refereneett.     October,  1022. 


